Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 526 Ì442960)Î442960 LEGISLATIVE ACTION Senate . House . . . Floor: 3/AD/2R . 03/04/2014 02:47 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 1 Senate Amendment (with title amendment) 2 3 Between lines 1015 and 1016 4 insert: 5 Section 10. Paragraph (a) of subsection (1), paragraph (a) 6 of subsection (11), and paragraph (b) of subsection (14) of 7 section 943.0435, Florida Statutes, is amended to read: 8 943.0435 Sexual offenders required to register with the 9 department; penalty.— 10 (1) As used in this section, the term: 11 (a)1. “Sexual offender” means a person who meets the 12 criteria in sub-subparagraph a., sub-subparagraph b., sub 13 subparagraph c., or sub-subparagraph d., as follows: 14 a.(I) Has been convicted of committing, or attempting, 15 soliciting, or conspiring to commit, any of the criminal 16 offenses proscribed in the following statutes in this state or 17 similar offenses in another jurisdiction: s. 787.01, s. 787.02, 18 or s. 787.025(2)(c), where the victim is a minor and the 19 defendant is not the victim’s parent or guardian; s. 20 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 21 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 22 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 23 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 24 or s. 985.701(1); or any similar offense committed in this state 25 which has been redesignated from a former statute number to one 26 of those listed in this sub-sub-subparagraph; and 27 (II) Has been released on or after October 1, 1997, from 28 the sanction imposed for any conviction of an offense described 29 in sub-sub-subparagraph (I). For purposes of sub-sub 30 subparagraph (I), a sanction imposed in this state or in any 31 other jurisdiction includes, but is not limited to, a fine, 32 probation, community control, parole, conditional release, 33 control release, or incarceration in a state prison, federal 34 prison, private correctional facility, or local detention 35 facility; 36 b. Establishes or maintains a residence in this state and 37 who has not been designated as a sexual predator by a court of 38 this state but who has been designated as a sexual predator, as 39 a sexually violent predator, or by another sexual offender 40 designation in another state or jurisdiction and was, as a 41 result of such designation, subjected to registration or 42 community or public notification, or both, or would be if the 43 person were a resident of that state or jurisdiction, without 44 regard to whether the person otherwise meets the criteria for 45 registration as a sexual offender; 46 c. Establishes or maintains a residence in this state who 47 is in the custody or control of, or under the supervision of, 48 any other state or jurisdiction as a result of a conviction for 49 committing, or attempting, soliciting, or conspiring to commit, 50 any of the criminal offenses proscribed in the following 51 statutes or similar offense in another jurisdiction: s. 787.01, 52 s. 787.02, or s. 787.025(2)(c), where the victim is a minor and 53 the defendant is not the victim’s parent or guardian; s. 54 787.06(3)(b), (d), (f), (g), or (h); s. 794.011, excluding s. 55 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 56 810.145(8); s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, 57 excluding s. 847.0135(6); s. 847.0137; s. 847.0138; s. 847.0145; 58 or s. 985.701(1); or any similar offense committed in this state 59 which has been redesignated from a former statute number to one 60 of those listed in this sub-subparagraph; or 61 d. On or after July 1, 2007, has been adjudicated 62 delinquent for committing, or attempting, soliciting, or 63 conspiring to commit, any of the criminal offenses proscribed in 64 the following statutes in this state or similar offenses in 65 another jurisdiction when the juvenile was 14 years of age or 66 older at the time of the offense: 67 (I) Section 794.011, excluding s. 794.011(10); 68 (II) Section 800.04(4)(a)2.800.04(4)(b)where the victim 69 is under 12 years of age or where the court finds sexual 70 activity by the use of force or coercion; 71 (III) Section 800.04(5)(c)1. where the court finds 72 molestation involving unclothed genitals; or 73 (IV) Section 800.04(5)(d) where the court finds the use of 74 force or coercion and unclothed genitals. 75 2. For all qualifying offenses listed in sub-subparagraph 76 (1)(a)1.d., the court shall make a written finding of the age of 77 the offender at the time of the offense. 78 79 For each violation of a qualifying offense listed in this 80 subsection, the court shall make a written finding of the age of 81 the victim at the time of the offense. For a violation of s. 82 800.04(4), the court shall additionally make a written finding 83 indicating that the offense did or did not involve sexual 84 activity and indicating that the offense did or did not involve 85 force or coercion. For a violation of s. 800.04(5), the court 86 shall additionally make a written finding that the offense did 87 or did not involve unclothed genitals or genital area and that 88 the offense did or did not involve the use of force or coercion. 89 (11) Except as provided in s. 943.04354, a sexual offender 90 must maintain registration with the department for the duration 91 of his or her life, unless the sexual offender has received a 92 full pardon or has had a conviction set aside in a 93 postconviction proceeding for any offense that meets the 94 criteria for classifying the person as a sexual offender for 95 purposes of registration. However, a sexual offender: 96 (a)1. Who has been lawfully released from confinement, 97 supervision, or sanction, whichever is later, for at least 25 98 years and has not been arrested for any felony or misdemeanor 99 offense since release, provided that the sexual offender’s 100 requirement to register was not based upon an adult conviction: 101 a. For a violation of s. 787.01 or s. 787.02; 102 b. For a violation of s. 794.011, excluding s. 794.011(10); 103 c. For a violation of 800.04(4)(a)2.s. 800.04(4)(b)where 104 the court finds the offense involved a victim under 12 years of 105 age or sexual activity by the use of force or coercion; 106 d. For a violation of s. 800.04(5)(b); 107 e. For a violation of s. 800.04(5)c.2. where the court 108 finds the offense involved unclothed genitals or genital area; 109 f. For any attempt or conspiracy to commit any such 110 offense; or 111 g. For a violation of similar law of another jurisdiction, 112 113 may petition the criminal division of the circuit court of the 114 circuit in which the sexual offender resides for the purpose of 115 removing the requirement for registration as a sexual offender. 116 2. The court may grant or deny relief if the offender 117 demonstrates to the court that he or she has not been arrested 118 for any crime since release; the requested relief complies with 119 the provisions of the federal Adam Walsh Child Protection and 120 Safety Act of 2006 and any other federal standards applicable to 121 the removal of registration requirements for a sexual offender 122 or required to be met as a condition for the receipt of federal 123 funds by the state; and the court is otherwise satisfied that 124 the offender is not a current or potential threat to public 125 safety. The state attorney in the circuit in which the petition 126 is filed must be given notice of the petition at least 3 weeks 127 before the hearing on the matter. The state attorney may present 128 evidence in opposition to the requested relief or may otherwise 129 demonstrate the reasons why the petition should be denied. If 130 the court denies the petition, the court may set a future date 131 at which the sexual offender may again petition the court for 132 relief, subject to the standards for relief provided in this 133 subsection. 134 3. The department shall remove an offender from 135 classification as a sexual offender for purposes of registration 136 if the offender provides to the department a certified copy of 137 the court’s written findings or order that indicates that the 138 offender is no longer required to comply with the requirements 139 for registration as a sexual offender. 140 (14) 141 (b) However, a sexual offender who is required to register 142 as a result of a conviction for: 143 1. Section 787.01 or s. 787.02 where the victim is a minor 144 and the offender is not the victim’s parent or guardian; 145 2. Section 794.011, excluding s. 794.011(10); 146 3. Section 800.04(4)(a)2.800.04(4)(b)where the court 147 finds the offense involved a victim under 12 years of age or 148 sexual activity by the use of force or coercion; 149 4. Section 800.04(5)(b); 150 5. Section 800.04(5)(c)1. where the court finds molestation 151 involving unclothed genitals or genital area; 152 6. Section 800.04(5)c.2. where the court finds molestation 153 involving unclothed genitals or genital area; 154 7. Section 800.04(5)(d) where the court finds the use of 155 force or coercion and unclothed genitals or genital area; 156 8. Any attempt or conspiracy to commit such offense; or 157 9. A violation of a similar law of another jurisdiction, 158 159 must reregister each year during the month of the sexual 160 offender’s birthday and every third month thereafter. 161 Section 11. Paragraph (b) of subsection (13) of section 162 944.607, Florida Statutes, is amended to read: 163 944.607 Notification to Department of Law Enforcement of 164 information on sexual offenders.— 165 (13) 166 (b) However, a sexual offender who is required to register 167 as a result of a conviction for: 168 1. Section 787.01 or s. 787.02 where the victim is a minor 169 and the offender is not the victim’s parent or guardian; 170 2. Section 794.011, excluding s. 794.011(10); 171 3. Section 800.04(4)(a)2.800.04(4)(b)where the victim is 172 under 12 years of age or where the court finds sexual activity 173 by the use of force or coercion; 174 4. Section 800.04(5)(b); 175 5. Section 800.04(5)(c)1. where the court finds molestation 176 involving unclothed genitals or genital area; 177 6. Section 800.04(5)c.2. where the court finds molestation 178 involving unclothed genitals or genital area; 179 7. Section 800.04(5)(d) where the court finds the use of 180 force or coercion and unclothed genitals or genital area; 181 8. Any attempt or conspiracy to commit such offense; or 182 9. A violation of a similar law of another jurisdiction, 183 184 must reregister each year during the month of the sexual 185 offender’s birthday and every third month thereafter. 186 187 ================= T I T L E A M E N D M E N T ================ 188 And the title is amended as follows: 189 Delete line 36 190 and insert: 191 certain circumstances; amending s. 943.0435 and 192 944.607, F.S.; conforming provisions to changes made 193 by the act; amending s. 944.275, F.S.;